BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 314
                                                                  Page  1

          Date of Hearing:   July 8, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    SB 314 (Calderon) - As Amended:  June 1, 2009 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Requires the state controller to deduct unpaid restitution  
            fines from a person's income tax refund - after any deductions  
            for nonpayment of family support, per current law.

          2)Authorizes the Victims Compensation and Government Claims  
            Board (board) to authorize reimbursement of more than $2,000  
            for victim relocation expenses when the board determines  
            additional money is appropriate due to the exceptional  
            circumstances of a claim.  

           FISCAL EFFECT  

          1)Minor increase, likely less than $150,000, in restitution  
            funding as a result of income tax offsets.

          2)Negligible costs to the controller to process additional  
            income tax offsets.

          3)Minor increase in relocation payments, likely less than  
            $150,000, from the Restitution Fund. 

           COMMENTS  

           1)Rationale.  The author's intent is to address exceptional  
            victim relocation needs, and to offset an offender's income  
            tax return when the offender owes victim restitution.

           2)Current law  requires the controller to offset delinquent  








                                                                  SB 314
                                                                  Page  2

            accounts against personal income tax refunds that have been  
            certified by the Franchise Tax Board, as specified, and  
            authorizes a cash payment or reimbursement of up to $2,000 to  
            a victim for relocation expenses as determined to be necessary  
            for the personal safety or emotional well-being of the victim.  


           3)Support  . According to the L.A. District Attorney's Office, "By  
            allowing for flexibility in increasing victim expenses for  
            relocation above the $2,000 limit, SB 314 recognizes that the  
            price of victim safety cannot be 'pigeon-holed.'  The  
            amendments in SB 314 also allow for the Controller to offset  
            fines owed to the Victims' Restitution Fund from a convicted  
            defendant's income tax refund.  This revenue collection scheme  
            is another avenue within government control to make sure  
            court-ordered fines are paid and the Restitution Fund  
            continues to be solvent to support victims' programs."
           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081